NY State Senate Bill 2023-S2381

Senate Bill S2381

2023-2024 Legislative Session

Relates to enabling constitutionally-qualified electors to register to vote and to cast a ballot on the same day at a polling location

download bill text pdf

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Jan 20, 2023	referred to elections

2023-S2381 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §8-302, El L
Versions Introduced in 2021-2022 Legislative Session:: S1552

2023-S2381 (ACTIVE) - Summary

Enables constitutionally-qualified electors to register to vote and to cast a ballot on the same day at a polling location.

2023-S2381 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2381

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to enabling constitution-
ally-qualified electors to register to vote and to cast a ballot on the
same day at a polling location

 
PURPOSE:

To allow individuals qualified to register to vote, to complete a condi-
tional registration and cast an affidavit ballot at an early voting poll
site, or at an election day poll site.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 3 of section 8-302 of the election law by
adding four new paragraphs (0, (g), (h), and (i) which provides for
conditional voter registration, and for electors to complete a condi-
tional voter registration and cast an affidavit ballot. The conditional
registration shall then be validated by the board of elections, and if

the individual is deemed eligible to register, and their information can
be validated in conjunction with the state DMV or federal SSA, then such
ballot shall be canvassed.

Section 2 provides the effective date.

 
JUSTIFICATION:

This bill would allow individuals qualified to register to vote, who
have missed the deadlines for voter registration prior to an election to
complete a conditional voter registration and cast an affidavit ballot
which would then be canvassed when such registration was deemed eligible
and valid by the board of elections. This would enable thousands of
individuals who would otherwise be ineligible to vote on election day,
or during early voting the opportunity to vote.

 
LEGISLATIVE HISTORY:

S1552 of 2021-22: Referred to elections.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S2381 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to enabling  constitution-
   ally-qualified  electors  to  register to vote and to cast a ballot on
   the same day at a polling location

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  8-302 of the election law is
 amended by adding four new paragraphs (f), (g), (h), and (i) to read  as
 follows:
   (F) "CONDITIONAL VOTER REGISTRATION" MEANS A PROPERLY EXECUTED AFFIDA-
 VIT  IN  THE  FORM  DESCRIBED IN PARAGRAPH (E) OF THIS SUBDIVISION AT AN
 EARLY VOTING OR ELECTION DAY POLLING LOCATION AND WHICH  MAY  BE  DEEMED
 EFFECTIVE  AFTER  THE BOARD OF ELECTIONS PROCESSES THE AFFIDAVIT, DETER-
 MINES THE REGISTRANT'S ELIGIBILITY TO REGISTER, AND VALIDATES THE REGIS-
 TRANT'S INFORMATION, AS SPECIFIED IN PARAGRAPH (H) OF THIS SUBDIVISION.
   (G) IN ADDITION TO OTHER METHODS OF VOTER REGISTRATION PROVIDED  UNDER
 THIS  CHAPTER, AN ELECTOR WHO IS OTHERWISE QUALIFIED TO REGISTER TO VOTE
 AND TO CAST A BALLOT UNDER SECTIONS ONE AND THREE OF ARTICLE TWO OF  THE
 NEW  YORK  STATE CONSTITUTION MAY COMPLETE A CONDITIONAL VOTER REGISTRA-
 TION AND CAST AN AFFIDAVIT BALLOT AT AN EARLY  VOTING  OR  ELECTION  DAY
 POLLING  LOCATION  AT ANY TIME PERMISSIBLE UNDER SECTION FIVE OF ARTICLE
 TWO OF THE NEW YORK STATE CONSTITUTION, OTHER RESTRICTIONS ON  THE  TIME
 FOR REGISTRATION IN THIS CHAPTER NOTWITHSTANDING.
   (H)  (1) A CONDITIONAL VOTER REGISTRATION SHALL BE DEEMED EFFECTIVE IF
 THE BOARD OF ELECTIONS IS ABLE TO DETERMINE BEFORE OR DURING THE CANVASS
 PERIOD FOR THE ELECTION THAT THE REGISTRANT IS ELIGIBLE TO  REGISTER  TO
 VOTE  AND  THAT THE INFORMATION PROVIDED BY THE REGISTRANT ON THE REGIS-
 TRATION AFFIDAVIT MATCHES INFORMATION CONTAINED IN A DATABASE MAINTAINED
 BY THE DEPARTMENT OF MOTOR  VEHICLES  OR  THE  FEDERAL  SOCIAL  SECURITY
 ADMINISTRATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04111-01-3

 S. 2381                             2
 
   (2)  IF THE INFORMATION PROVIDED BY THE REGISTRANT ON THE REGISTRATION
 AFFIDAVIT CANNOT BE VERIFIED BASED ON INFORMATION CONTAINED IN  A  DATA-
 BASE  MAINTAINED  BY  THE  DEPARTMENT  OF  MOTOR VEHICLES OR THE FEDERAL
 SOCIAL SECURITY ADMINISTRATION, BUT THE BOARD OF ELECTIONS  IS  ABLE  TO
 DETERMINE  THAT THE REGISTRANT IS OTHERWISE ELIGIBLE TO VOTE, THE REGIS-
 TRANT SHALL BE ISSUED A VOTER IDENTIFICATION NUMBER AND THE  CONDITIONAL
 VOTER REGISTRATION SHALL BE DEEMED EFFECTIVE.
   (I)  THE BOARD OF ELECTIONS SHALL OFFER CONDITIONAL VOTER REGISTRATION
 AND VOTING PURSUANT TO THIS ARTICLE,  IN  ACCORDANCE  WITH  ALL  OF  THE
 FOLLOWING PROCEDURES:
   (1)  THE  BOARD OF ELECTIONS SHALL PROVIDE CONDITIONAL VOTER REGISTRA-
 TION AND VOTING PURSUANT  TO  THIS  ARTICLE  AT  ALL  EARLY  VOTING  AND
 ELECTION DAY POLLING LOCATIONS.
   (2) THE BOARD OF ELECTIONS SHALL ADVISE REGISTRANTS THAT A CONDITIONAL
 VOTER  REGISTRATION  WILL  BE EFFECTIVE ONLY IF THE REGISTRANT IS DETER-
 MINED TO BE ELIGIBLE TO REGISTER TO VOTE FOR THE ELECTION AND THE INFOR-
 MATION PROVIDED BY THE REGISTRANT ON THE REGISTRATION AFFIDAVIT IS VERI-
 FIED PURSUANT TO SUBPARAGRAPH (H) OF THIS SUBDIVISION.
   (3) THE BOARD OF ELECTIONS SHALL CONDUCT THE RECEIPT AND  HANDLING  OF
 EACH  CONDITIONAL VOTER REGISTRATION AND OFFER AND RECEIVE A CORRESPOND-
 ING BALLOT IN A MANNER THAT PROTECTS  THE  SECRECY  OF  THE  BALLOT  AND
 ALLOWS THE ELECTIONS OFFICIAL TO PROCESS THE REGISTRATION, DETERMINE THE
 REGISTRANT'S  ELIGIBILITY  TO  REGISTER,  AND  VALIDATE THE REGISTRANT'S
 INFORMATION BEFORE COUNTING OR REJECTING THE CORRESPONDING BALLOT.
   (4) AFTER RECEIVING A CONDITIONAL VOTER  REGISTRATION,  THE  BOARD  OF
 ELECTIONS  SHALL  PROCESS  THE  REGISTRATION, DETERMINE THE REGISTRANT'S
 ELIGIBILITY TO REGISTER, AND ATTEMPT TO VALIDATE THE REGISTRANT'S INFOR-
 MATION.
   (5) IF A CONDITIONAL REGISTRATION IS DEEMED EFFECTIVE,  THE  BOARD  OF
 ELECTIONS  SHALL  INCLUDE  THE  CORRESPONDING  BALLOT  IN  THE  OFFICIAL
 CANVASS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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